To Many Prisoners in Cali... May Have to Release Some.

[GHook93]

Better to decriminalize drugs... leave prisons for violent criminals.

See... problem solved.

Exactly!

 

[DiamondDave]

How many of you personally know someone who has been jailed for drug use?



Plus do any of you know recovered addicts?

My brother has been jailed twice...

And in no way could he be considered "recovered" anything

 

[Arthur]

How many of you personally know someone who has been jailed for drug use?



Plus do any of you know recovered addicts?

I do. Yes to both questions.

 

[Avatar4321]

Let all non-violent marijuana offenders with no other convictions go.

Most marijuana users get probation at the most as it is.

 

[catzmeow]

Better to decriminalize drugs... leave prisons for violent criminals.

What about the burglars/identity thieves/extortionists/white collar criminals?

Would you leave those people out on the streets?

 

[catzmeow]

All that is to say, you have to work awful damned hard to be doing real time in the rock pile for marijuana possession.

That is a very common misunderstanding of the prison system on the part of the uneducated. The overwhelming majority of people in state prisons aren't there for minor drug charges. The federal system is different.

Two separate systems, two separate systems of prosecution, and separate sentencing standards. People think the "prison system" is one vast single system, but it's really a vast disjointed patchwork quilt of separate overlapping county, state, local and federal systems.

 

[catzmeow]

Let all non-violent marijuana offenders with no other convictions go.

Non-violent marijuana offenders (with the exception of those arrested with "trafficking quantities") aren't in prison, dude. Them's the facts.

 

[doeton]

That is a very common misunderstanding of the prison system on the part of the uneducated. TTwo separate systems, two separate systems of prosecution, and separate sentencing standards. People think the "prison system" is one vast single system, but it's really a vast disjointed patchwork quilt of separate overlapping county, state, local and federal systems.

well er at least it's common for someone to think that other people don't realize this (namely cat)

 

[catzmeow]

It doesn't work, and the cost is astronomical. $35,000 per year pays for a lot of rehab. I realize that not everyone is successful with rehab, but it's still a better way to go.

I'm guessing you haven't audited a rehab center recently to price out their services...



Furthermore, many drug addicts DON'T WANT help. How will you handle that scenario?

 

[catzmeow]

well er at least it's common for someone to think that other people don't realize this (namely cat)

I'm only referring to the people who believe in the prison industrial complex...

 

[bigdaddygtr]

Let all non-violent marijuana offenders with no other convictions go.

Let me tell a very instructive little story about the prosecution of drug offenses even in very restrictive Virginia.

I had a client that was caught with a package of individually wrapped bags of pot with name taped on each bag. It was shipped interstate and delivered to her by undercover police. When she went to put the package in her car she was arrested by half the Arlington county police force. When asked what was in the unopened package, she replied, "Drugs." I didn't say I had brilliant clients. The police then asked if she also had drugs in her car. She replied, "No." They asked if they could search her car. She said they could. Upon searching they found a small rock of cocaine on the floor.

Result: the charges were Possession with Intent to Distribute Marijuana and Felony Possession of Cocaine.

As you can tell by the facts, I had very little wiggle room as a defense lawyer. My client had previously used her ability to use a "Alford" plea. Despite that, I got them to drop the possession with intent charge. They maintained the felony charge. But, her sentence was 20 days in the slam with 3 years suspended and probation.

All that is to say, you have to work awful damned hard to be doing real time in the rock pile for marijuana possession.

So what normally happens for an arrest for small possession of cocaine without a prior record normally? Especially if the person says it wasn't theirs but it found in the car with others in it?

 

[Tech_Esq]

Let all non-violent marijuana offenders with no other convictions go.

Let me tell a very instructive little story about the prosecution of drug offenses even in very restrictive Virginia.

I had a client that was caught with a package of individually wrapped bags of pot with name taped on each bag. It was shipped interstate and delivered to her by undercover police. When she went to put the package in her car she was arrested by half the Arlington county police force. When asked what was in the unopened package, she replied, "Drugs." I didn't say I had brilliant clients. The police then asked if she also had drugs in her car. She replied, "No." They asked if they could search her car. She said they could. Upon searching they found a small rock of cocaine on the floor.

Result: the charges were Possession with Intent to Distribute Marijuana and Felony Possession of Cocaine.

As you can tell by the facts, I had very little wiggle room as a defense lawyer. My client had previously used her ability to use a "Alford" plea. Despite that, I got them to drop the possession with intent charge. They maintained the felony charge. But, her sentence was 20 days in the slam with 3 years suspended and probation.

All that is to say, you have to work awful damned hard to be doing real time in the rock pile for marijuana possession.

So what normally happens for an arrest for small possession of cocaine without a prior record normally? Especially if the person says it wasn't theirs but it found in the car with others in it?

In Virginia, you would be eligible for an Alford Plea. Basically, you admit guilt, you submit to a rehab program. If you successfully complete the program and a subsequent period of probation without incident, your record is expunged except that you cannot use the Alford ever again. No jail time.

 

[rayboyusmc]

What percent of those in prison are for possession of mary juana?

Decriminalize all drugs for those over 18. If we can kill ourselves on alcohol, why not on other drugs?

Oh, right, alcohol has a much better lobby.

 

[Paulie]

Let all non-violent marijuana offenders with no other convictions go.

Most marijuana users get probation at the most as it is.

I forgot this was California we were talking about. They're pretty lenient on weed.

Some states are zero tolerance though, and you'll see some serious time for even small amounts.

 

[ABikerSailor]

Have I ever known anyone who was arrested for drug charges?

Yep. Me.

I had just invented a really cool water pipe, and my neighbor (who was a meth addict incidentally, as well as a drug dealer), called the cops on me.

When they came over, they asked if I had any drugs. I told 'em yep and gave them my bag of pot (3 ounces).

Of course, they were shocked, as very few people are that honest with the cops.

Did 30 days in the county for that one.

Have I ever known addicts? Yep to that one also. Was a Drug and Alcohol Program Advisor for the Navy during the second half of my career. Yes, some of them can recover, but, it takes constant vigilance.

What should California do? Release everyone who has MARIJUANA ONLY charges on them. If it's crack, heroin, or whatever else? Keep 'em in jail. If they had weapons? Keep 'em in jail.

If they were distributors? Let them go.

Then.....legalize marijuana.

Now, think about this.......California's biggest cash crop is cannabis (look it up, it's true), as well as the fact that it brings in several BILLION dollars per year.

Hemp plants produce oil, which can be used to make biodegradable plastic.

It also makes cloth, paper, food (had some hemp brownies from a store once.....AWESOME......only trouble is, it was THC sterile), as well as many other things. Hemp is kinda like peanuts in that respect.

Now, the only trouble is, the government cannot tax any of that cash, as it is all illegal business, and therefore done under the table, which means, they will continue to go broke until they fix it.

Legalization of cannabis would solve a LOT of problems.

 

[Goodfella]

Let me tell a very instructive little story about the prosecution of drug offenses even in very restrictive Virginia.

I had a client that was caught with a package of individually wrapped bags of pot with name taped on each bag. It was shipped interstate and delivered to her by undercover police. When she went to put the package in her car she was arrested by half the Arlington county police force. When asked what was in the unopened package, she replied, "Drugs." I didn't say I had brilliant clients. The police then asked if she also had drugs in her car. She replied, "No." They asked if they could search her car. She said they could. Upon searching they found a small rock of cocaine on the floor.

Result: the charges were Possession with Intent to Distribute Marijuana and Felony Possession of Cocaine.

As you can tell by the facts, I had very little wiggle room as a defense lawyer. My client had previously used her ability to use a "Alford" plea. Despite that, I got them to drop the possession with intent charge. They maintained the felony charge. But, her sentence was 20 days in the slam with 3 years suspended and probation.

All that is to say, you have to work awful damned hard to be doing real time in the rock pile for marijuana possession.

So what normally happens for an arrest for small possession of cocaine without a prior record normally? Especially if the person says it wasn't theirs but it found in the car with others in it?

In Virginia, you would be eligible for an Alford Plea. Basically, you admit guilt, you submit to a rehab program. If you successfully complete the program and a subsequent period of probation without incident, your record is expunged except that you cannot use the Alford ever again. No jail time.

That actually seems like a really good policy. Is that just for the state of Virginia?

 

[catzmeow]

That actually seems like a really good policy. Is that just for the state of Virginia?

It's actually quite common for prosecutors to plea-bargain marijuana charges down to rehab + probation, or just plain old rehab. If you look at drug courts around the country, and there are a lot of them, they are set up specifically to deal with drug abusers and their unique issues.

 

[Tech_Esq]

So what normally happens for an arrest for small possession of cocaine without a prior record normally? Especially if the person says it wasn't theirs but it found in the car with others in it?

In Virginia, you would be eligible for an Alford Plea. Basically, you admit guilt, you submit to a rehab program. If you successfully complete the program and a subsequent period of probation without incident, your record is expunged except that you cannot use the Alford ever again. No jail time.

That actually seems like a really good policy. Is that just for the state of Virginia?

I only practiced law in Virginia so that's the only state I really know about. I would imagine it is not unique to Virginia though.

I misspoke. It isn't Alford, that's something else. This is the law Section 18.2-251 of the Virginia Code

 

[del]

So what normally happens for an arrest for small possession of cocaine without a prior record normally? Especially if the person says it wasn't theirs but it found in the car with others in it?

In Virginia, you would be eligible for an Alford Plea. Basically, you admit guilt, you submit to a rehab program. If you successfully complete the program and a subsequent period of probation without incident, your record is expunged except that you cannot use the Alford ever again. No jail time.

That actually seems like a really good policy. Is that just for the state of Virginia?

no, these types of arrangements are fairly common. my son was arrested for marijuana possession in connecticut and he was allowed to do community service and then it was expunged (or sealed) i forget which after he didn't get in trouble for a year. i think they're commonly called pre-trial diversions or some such. i'm not a lawyer, so i could be wrong about the nomenclature.

a friend's son was arrested in vermont and had the same experience. these were both relatively small amounts (<1 oz)

 

[Harry Dresden]

Druggies was one of the major reason I moved my children out of California in 1979.

Rod....Cheech and Chong were just ACTORS.....